Balusamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6679 of 2018 1 BALUSAMY 2 JAYAKANTHAN ... PETITIONERS/ACCUSED 1 & 2 Vs STATE REP BY THE INSPECTOR OF POLICE VATTATHIKOTTAI POLICE STATION, THANJAVUR DISTRICT IN CRIME NO.42 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.S.DEENADHAYALAN Advocate For Respondent : MR.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 452, 323 and 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.42 of 2018, seek anticipatory bail.
2.The case of the prosecution is that there was a pervious enmity between the petitioners and the de-facto complainant's family, as a result of which, on 04.04.2018 at 6.00 p.m., the second petitioner/A2 abused the wife of the de-facto complainant in filthy language and picked up quarrel with her. When the same was questioned by the de-facto complainant, the petitioners have assaulted the de-facto complainant and her wife. 3.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and prays for anticipatory bail in favour of the petitioners. 4.It is submitted by the learned Government Advocate (Criminal side) that the injured person had already been discharged from the hospital.
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5.Taking note of the above said facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Pattukottai, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 6.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 24/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM 3 THE INSPECTOR OF POLICE VATTATHIKOTTAI POLICE STATION, THANJAVUR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.S.DEENADHAYALAN Advocate SR.No.7152
ORDER
IN CRL OP(MD) No.6679 of 2018 Date :24/04/2018 SMA/CM-VR/ASVM/26.04.2018:2P/6C https://hcservices.ecourts.gov.in/hcservices/